Introduced By

Progress

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Introduced

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Passed Committee

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Passed House

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Passed Senate

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Signed by Governor

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Became Law

Description

Conditional rezoning proffers. Makes extensive changes to conditional zoning provisions first enacted in 2016. Specific amendments include provisions stating that no locality shall require any unreasonable proffer. Under current law, no locality may request or accept any unreasonable proffer. Other changes include (i) expansion or other amendment of the definitions of "public facilities," "public facility improvement," "public safety facility improvement," "public school facility improvement," "public transportation facility improvement," and "small area comprehensive plan"; (ii) a provision allowing an applicant to submit any proffer that the applicant deems reasonable and appropriate, as conclusively evidenced by the signed proffers; (iii) provisions added to the existing exclusions from the statute; and (iv) provisions stating that nothing in the bill shall be deemed or interpreted to prohibit communications between an applicant or owner and the locality or to prohibit presentation, analysis, or discussion of the potential impacts of new residential development or other new residential use on the locality's public facilities. Subsequent enactment clauses state that (a) the bill shall be effective as to any application for a rezoning or proffer condition amendment filed on or after July 1, 2019, or to certain other pending applications and (b) an applicant with a pending application for a rezoning or proffer condition amendment that was filed prior to July 1, 2016, shall proceed under the law as it existed prior to that date, and an applicant with a pending rezoning or proffer condition amendment application filed after July 1, 2016, but before July 1, 2019, may elect to proceed under the law as it existed during that period. This bill was incorporated into SB 1373. Read the Bill »